Breastfeeding workers typically need to express milk 2–3 times during an 8-hour workday to maintain their milk production and avoid health complications. Employees who are lactating also require a private, clean space – that’s not a bathroom – to pump. If you do not have a private office or control over when you take your breaks, you may need to request an accommodation from your employer to take regular pumping breaks in a clean, private space.
Are Breastfeeding Workers Protected by Law?
Your employer is required by the PUMP Act/Break Time for Nursing Mothers Law to provide you with as-needed break time to express milk and a space that is not a bathroom where you can express milk in private without anyone intruding on you. This must be provided until your baby is one year old. Please note that pilots and flight attendants are not covered by the Break Time for Nursing Mothers requirements, and special rules apply to rail carrier and motorcoach employees. See this guide for more information on how these requirements apply to certain transportation workers.
The federal Pregnancy Discrimination Act requires that employers give nursing employees the same freedom to address lactation-related needs as is given to employees with other medical conditions. For example, if employees are allowed to modify their schedule to attend doctor’s appointments or are given alternative assignments to accommodate temporary illnesses, the same accommodations should be provided to employees with lactation-related needs.
Many states have their own lactation accommodation laws.
Thinking about how to talk to your boss about pumping breaks, private space, or other breastfeeding accommodations? Learn about your legal rights and view practical tips created by WorkLife Law and A Better Balance.
JANUARY 2023 UPDATE: The Break Time for Nursing Mothers section of the Fair Labor Standards Act was updated in 2023 by the PUMP Act, requiring most employees nationwide to be provided reasonable break time and space to express breast milk for up to one year after their child’s birth. The guides below will be updated to reflect these changes shortly, contact us or click here for more information on the new changes under this law.
Select the state where you work.
Recursos en español: Lea “Como hablar con tu jefe acerca tu extractor de leche materna” para aprender tus derechos y obtener consejos prácticos para hablar con tu empleador sobre las adaptaciones que necesitas para amamantar. Estos recursos fueron creados por Center for WorkLife Law y A Better Balance.
Check out Supporting Nursing Moms At Work: Employer Solutions, an industry-specific guide from the U.S. Department of Health and Human Services about how to find or create private space in your own working environment.
Contact the Center for WorkLife Law’s free legal hotline to speak to a lawyer about your rights.
Email [email protected] or call (415) 703-8276.
Watch the webinar: Everything You Need to Know About Workplace Breastfeeding Law. The US Breastfeeding Coalition, the Center for WorkLife Law, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor, Wage and Hour Division (WHD) came together on July 12, 2017 for the “Everything You Need to Know About Workplace Breastfeeding Law” webinar to discuss the laws protecting breastfeeding employees and the tools that can help support them.
